Tuesday

The Almighty SS8

My boss fired me because their old nanny returned to town. I had been working for six months, incident free. Problem, I had been working off the books. So I was terminated and have nothing to show for it. This is so wrong. What do nannies do in this situation?

Answer:
We advise nannies and employer to talk about taxes before work starts, to file appropriate tax documents and to pay their nannies legally (and fairly). Having said that, we hear from a lot of nannies that seem to have issues with the IRS because their employer would not pay them on the books or tried to pass them off as an independent contractor.

If you have a dispute with your employer over pay or taxes, it is helpful to have the conversation, in writing, whenever possible. If the situation cannot be resolved, each person must do the legal and correct thing for their own protection.

Kidding. Of course.

IRS Form SS-8 Request for Determination of Worker Status
Form SS-8 is used to request a determination from the IRS on status of workers, to determine if they are employees or independent contractors. The key areas used to determine worker status are: behavioral control, financial control, and type of relationship.

Here is a list of key information you will need to compile in order to complete this form:

How did the worker obtain the job (bid, application, employment agency, or other

Description of the work done by the worker

Explanation of why you believe the worker is an employee or independent contractor

The Process
A worker or employer can file Form SS-8 and receive a determination from the IRS. When the IRS receives the request, it will begin research and may come back to the firm and worker for further information. At the end of the process (which might take up to six months) the IRS will either (a) issue a determination letter, which is binding on the IRS, or (b) issue an informational letter, which is advisory but not binding.

Faxed, photocopied, or electronic versions of Form SS-8 are not acceptable for the initial request for the Form SS-8 determination. Do not submit Form SS-8 with your tax return as that will delay processing time.

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Email isynblog@gmail.com.Please include:Date, time, location, a description, photo or videoof the nanny and a description, photo or video of the child. We will blur the child's face for privacy reasons. Please include a detailed description of what you witnessed. We do not disclose the identity of submission authors unless they specifically request to have their information shared with the parents involved in the incident.